State Senate's Bills On Domestic Violence Victims

Mar 02, 2018 at 04:08 pm by bryan


Here is an update on what is happening in the Tennessee General Assembly.

Several bills strengthening protections for victims of domestic violence advanced in the State Senate this week, including final approval of legislation that helps survivors maintain access to life-saving resources and their support network. Senate Bill 1796, sponsored by Senator Bill Ketron (R-Murfreesboro), allows victims of domestic abuse to petition the court to keep the wireless telephone used primarily by them or their children as part of an order of protection. If granted, the petitioner would assume all billing responsibilities for the telephone service.

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Current law provides no mechanism for victims of domestic violence to alter a shared family plan wireless telephone contract when the abuser is the primary account holder and refuses to release the number. As the account holder, the abuser then has access to the survivor's cell phone records and may be able to use the victim's device to track his or her whereabouts.

"Allowing victims to use their wireless phones is important to their safety," said Senator Ketron. "Having to purchase a new cell phone and obtaining a new phone number are unnecessary barriers for survivors of domestic violence who are simply trying to escape from an abusive relationship. This legislation will make it easier for survivors to fully remove themselves from these dangerous situations."

Nine states have passed similar legislation. The Tennessee Bureau of Investigation reports that in 2016 more than 78,000 domestic violence crimes were reported to the police. Ninety-one Tennesseans were murdered in domestic violence situations during that same time. These cases account for more than 51 percent of all crimes against individuals reported.

In other action, the Senate Judiciary Committee approved "Safe at Home" legislation to help survivors of domestic violence, rape, human trafficking, stalking and other crimes who have relocated or are about to relocate, in their effort to keep their abusers from finding them. Senate Bill 1935, sponsored by Senate Judiciary Committee Chairman Brian Kelsey (R-Germantown), will allow victims to take back their lives by preventing an abuser from locating them through public records searches and inflicting additional harm.

"Domestic violence is a horrible crime," said Senator Kelsey. "The Safe at Home program will offer victims of domestic abuse a path to escape their abusers and start a new life."

The Safe at Home program provides victims with a government-managed substitute address for both themselves and their children, which can then be used to obtain a driver's license, register to vote and complete most other government forms without disclosing the participant's home address. Participants may also request that other non-governmental entities, like employers or private businesses, use this address as well. The Secretary of State's office will receive all mail sent to the substitute address and then forward that mail to the participant. The program has been implemented in more than 35 states across the country.

Judiciary Committee members also approved Kelsey's legislation which provides two ways to increase victim safety when a court finds there is probable cause to believe an alleged abuser either caused serious bodily injury to a victim of domestic abuse or used or displayed a deadly weapon. Senate Bill 1735 deletes the present requirement that a temporary order of protection be issued at the respondent's initial appearance, even if another protection is already in place. The proposal amends the current bond conditions statute to require the court or magistrate in these circumstances to impose the twelve-hour hold, provide victim notification, and issue a no contact order as a condition of bail.

"When a hearing takes place, it will not require a victim to be present and come back and have to testify against a person with whom they may have a very close relationship, which can be a difficult thing for these victims to do. This bill simply gives judges the discretion to make those no contact orders part of the conditions for release on bond."

Finally, the Senate Judiciary Committee voted to advance Senate Bill 1871 which changes the service requirements for an order of protection to allow for a copy to be sent as either certified mail or registered mail. Currently, orders of protection are delivered through a process server or a deputy sheriff. The bill is sponsored by Senator Jon Lundberg (R-Bristol).

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